Om Prakash, J. - (1.) The present writ petition under Article 226 of the Constitution of India has been filed by the petitioner with the prayer to issue a writ, order in the nature of certiorari quashing the order dated 4.12.2008 (Annexure-2 to the writ petition) passed by the Chief Judicial Magistrate, Saharanpur in Criminal Case No. 131 of 2008 under the Protection of Women from Domestic Violence Act, P.S. Sadar Bazar, District Saharanpur and the order dated 12.5.2009 (Annexure-4 to the writ petition) passed by the lower Appellate Court in Criminal Appeal No. 46 of 2008 and the order dated 6.7.2009 (Annexure-6 to the writ petition). Further prayer has been made to issue a writ of mandamus commanding the respondents not to give effect to the ex-parte order dated 4.12.2008 passed by the Chief Judicial Magistrate, Saharanpur in the aforesaid case.
(2.) Heard Shri Manish Tiwari, learned counsel for the petitioner, Shri Dharmendra Singhal, learned counsel for the respondent no.2 -aggrieved party as well as the learned AGA appearing for the State and perused the record.
(3.) At the outset, learned counsel for the respondent no.2-aggrieved party stated that the Criminal Misc. Recall Application No. 280814 of 2016 be dismissed as not pressed and the writ petition be decided on merits.;